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(영문) 부산지방법원 2020.12.18 2019나5441

대여금

Text

The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

judgment of the first instance.

Reasons

1. Determination on loan claims

A. The Plaintiff’s determination as to the cause of the claim (i) lent KRW 4,00,000 to the Defendant on October 15, 2014 (hereinafter “loan 1”); and (ii) as to the fact that the Plaintiff lent KRW 20,000,000 on August 4, 2016 (hereinafter “Loan 2”), there is no dispute between the parties, or can be acknowledged according to the statement under subparagraph 1-1 of the Evidence 1.

On the other hand, the plaintiff alleged that he lent the above KRW 4,00,000 to the defendant on February 2, 2015, but it is insufficient to recognize it only by the evidence submitted by the plaintiff, and there is no other evidence to acknowledge it.

According to the above facts of recognition, the defendant is obligated to pay the plaintiff the total amount of KRW 24,00,000,000, except in extenuating circumstances.

B. Since the Defendant’s defense of repayment is a defense that all of the above money was repaid by the Defendant, considering the overall purport of the pleadings in the statement No. 1-1 and No. 2-1 and No. 2-2, the Defendant may acknowledge that the Defendant remitted KRW 9,100,00 in total from November 3, 2014 to September 15, 2015, and KRW 24 to May 15, 2016; KRW 30,685,00 in total from August 15, 2016 to May 15, 2018; KRW 30,685,00 in total; KRW 30,685,00 in total, KRW 20 in the statement No. 1 through No. 233,00 in the attached Table No. 250, KRW 365,00 in the attached Table No. 1 to the Plaintiff; KRW 3684,00 in the attached Table No. 285,36584,365 in the amount transferred.

In regard to this, the Plaintiff remitted each money recorded in the attached Form 1 remittance statement that the Defendant remitted to KRW 200,000, interest of KRW 200,000, and interest of KRW 800,000, and KRW 580,000 that the Defendant separately joined.